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    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


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HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 287 be amended to read as follows:

SOURCE: Page 4, line 36; (12)MO028708.4. -->     Page 4, between lines 36 and 37, begin a new paragraph and insert:
SOURCE: IC 5-2-6.1-7.5; (12)MO028708.3. -->     "SECTION 3. IC 5-2-6.1-7.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 7.5. As used in this chapter, "victim of a child sex crime" means an individual who was the victim of:
        (1) child molesting (IC 35-42-4-3(a));
        (2) vicarious sexual gratification (IC 35-42-4-5);
        (3) child solicitation (IC 35-42-4-6);
        (4) child seduction (IC 35-42-4-7); or
        (5) incest (IC 35-46-1-3);
and was less than eighteen (18) years of age at the time the crime occurred.

SOURCE: IC 5-2-6.1-8; (12)MO028708.4. -->     SECTION 4. IC 5-2-6.1-8, AS AMENDED BY P.L.129-2009, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 8. As used in this chapter, "violent crime" means the following:
        (1) A crime under the Indiana Code that is a felony of any kind or a Class A misdemeanor that results in bodily injury or death to the victim but does not include any of the following:
            (A) A crime under IC 9-30-5 resulting from the operation of a vehicle other than a motor vehicle.
            (B) Involuntary manslaughter resulting from the operation of a motor vehicle by a person who was not intoxicated (IC 35-42-1-4).
            (C) Reckless homicide resulting from the operation of a motor vehicle by a person who was not intoxicated (IC 35-42-1-5).
            (D) Criminal recklessness involving the use of a motor vehicle, unless the offense was intentional or the person using the motor vehicle was intoxicated (IC 35-42-2-2).
            (E) A crime involving the operation of a motor vehicle if the driver of the motor vehicle was not charged with an offense under IC 9-30-5.
             (F) Battery upon a child (IC 35-42-2-1(a)(2)(B)).
            (G) Child molesting (IC 35-42-4-3).

             (H) Child seduction (IC 35-42-4-7).
        (2) A crime in another jurisdiction in which the elements of the crime are substantially similar to the elements of a crime that, if the crime results in death or bodily injury to the victim, would be a felony or a Class A misdemeanor if committed in Indiana. However, the term does not include any of the following:
            (A) A crime in another jurisdiction resulting from operating a vehicle, other than a motor vehicle, while intoxicated.
            (B) A crime in another jurisdiction with elements substantially similar to involuntary manslaughter resulting from the operation of a motor vehicle if the crime was committed by a person who was not intoxicated.
            (C) A crime in another jurisdiction with elements substantially similar to reckless homicide resulting from the operation of a motor vehicle if the crime was committed by a person who was not intoxicated.
            (D) A crime in another jurisdiction with elements substantially similar to criminal recklessness involving the use of a motor vehicle unless the offense was intentional or the person using the motor vehicle was intoxicated.
            (E) A crime involving the operation of a motor vehicle if the driver of the motor vehicle was not charged with an offense under IC 9-30-5.
        (3) A terrorist act.
SOURCE: IC 5-2-6.1-16; (12)MO028708.5. -->     SECTION 5. IC 5-2-6.1-16, AS AMENDED BY P.L.121-2006, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 16. (a) A person eligible for assistance under section 12 of this chapter may file an application for assistance with the division if the violent crime was committed in Indiana.
    (b) Except as provided in subsection (e), the application must be received by the division not more than one hundred eighty (180) days after the date the crime was committed. The division may grant an extension of time for good cause shown by the claimant. However, and except as provided in subsection (e), the division may not accept an application that is received more than two (2) years after the date the crime was committed.
    (c) The application must be filed in the office of the division in person, through the division's web site, or by first class or certified mail. If requested, the division shall assist a victim in preparing the application.
    (d) The division shall accept all applications filed in compliance with this chapter. Upon receipt of a complete application, the division shall promptly begin the investigation and processing of an application.
     (e) An alleged victim of a child sex crime may submit an application to the division until the victim becomes thirty-one (31) years of age.
    (f) An alleged victim of a battery upon a child under IC 35-42-2-1(a)(2)(B) may submit an application to the division not later than five (5) years after the commission of the offense.

SOURCE: IC 5-2-6.1-17; (12)MO028708.6. -->     SECTION 6. IC 5-2-6.1-17, AS AMENDED BY P.L.129-2009, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 17. (a) Except for an alleged victim of a child sex crime, the division may not award compensation under this chapter unless the violent crime was reported to a law enforcement officer not more than seventy-two (72) hours after the occurrence of the crime.
    (b) The division may not award compensation under this chapter until:
        (1) law enforcement and other records concerning the circumstances of the crime are available; and
        (2) any criminal investigation directly related to the crime has been substantially completed.
    (c) If the crime involved a motor vehicle, the division may not award compensation under this chapter until an information or indictment alleging the commission of a crime has been filed by a prosecuting attorney.".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 287 as printed February 24, 2012.)

________________________________________

Representative Lawson L


MO028708/DI 77     2012